Nutting v. Herbert
Supreme Court of New Hampshire
Covenant broken. It is alleged in tbe declaration that the defendant, on the 7th of October, 1854, at Rumney aforesaid, by his deed of that dat.e, duly executed, acknowledged and registered, and in court to be produced, for the sum of nine hundred dollars, bargained and sold to the plaintiff a certain piece or tract of land, situate in said Rumney, on the south side of Raker’s river, on the main road from Rumney to Wentworth, and is the part of the William Webber farm,…
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Covenant broken. It is alleged in tbe declaration that the defendant, on the 7th of October, 1854, at Rumney aforesaid, by his deed of that dat.e, duly executed, acknowledged and registered, and in court to be produced, for the sum of nine hundred dollars, bargained and sold to the plaintiff a certain piece or tract of land, situate in said Rumney, on the south side of Raker’s river, on the main road from Rumney to Wentworth, and is the part of the William Webber farm, situated on both sides of the road, or highway; bounded west by the river and land of Joseph Hall and Jacob Hall; south by…
1Opinion of the CourtFowler, J.
Tbe first question presented relates to tbe alleged variance between tbe declaration and tbe deed offered in evidence to support it. We have considered it, and do not tbink tbe exception can be sustained.
A deed must be pleaded according to its legal operation, and tbe contract set forth either in its precise words, or according to its legal effect. 1 Chitty’s Plead. 851, 852. But it is always sufficient to set forth the substance and legal effect of any contract, and generally this is tbe preferable mode of declaring. 1 Cbitty’s Pleading 302; Lent v. Paddleford, 10 Mass. 230.
Tbe plaintiff has…
2Cases cited4 opinions
- Lent v. PadelfordMassachusetts Supreme Judicial Court · 1813
- Bickford v. PageMassachusetts Supreme Judicial Court · 1807
- Leland v. StoneMassachusetts Supreme Judicial Court · 1813
- McHugh v. Bashore, Pennsylvania Court of Common Pleas, Schuylkill County1874
3Cited by2 opinions
- Fletcher v. ChamberlinSupreme Court of New Hampshire · 1881
- Quimby v. StebbinsSupreme Court of New Hampshire · 1875